Federal Immigration Fraud: False Documents and Statements.

Immigration-fraud cases turn on the government’s ability to prove that you knowingly used a materially false document or statement during the immigration process. While making an innocent mistake on an application or failure to meet the requirements for a specific visa can have significant consequences, they are not grounds for criminal charges. However, knowingly forging an immigration document, knowingly forging a marriage document, knowingly using a forged document, knowingly falsely certifying a marriage relationship, and knowingly making a false statement on an application all have the potential to result in criminal prosecution by the federal government. Immigration fraud has been codified in the U.S. Code under several federal statutes. As the Department of Justice explains: - “The first paragraph of 18 U.S.C. § 1546(a) proscribes the forging, counterfeiting, altering or falsely making of certain immigration documents or their use, possession, or receipt. The second paragraph proscribes the possession, or bringing into the United States of plates or distinctive papers used for the printing of entry documents. The third paragraph makes it a crime, when applying for an entry document or admission into the United States, to personate another or appear under a false name. The fourth paragraph makes it a crime to give a false statement under oath in any document required by the immigration laws or regulations. (v) assisting in concealing a party’s illegal status.” - “8 U.S.C. § 1325(b) addresses individuals who knowingly enter into a marriage for the purpose of evading immigration laws or who knowingly, for the purpose of evading any law of the United States, use a document that is false or forged in the Commission of the fraud... the statute also addresses the person who uses a document that is false or forged, or who knowingly and willfully conspires or attempts to do so.” - “8 U.S.C. § 1324c covers a variety of forms of document fraud... to obtain any status under immigration laws. It contains five provisions and, once again, is written to be incredibly broad, including assisting as well as conspiring with others.” As noted above, providing false statements or forging documents on an immigration application are just examples of how the federal government can prosecute a case. For example, someone who has been helped by a forger could be charged with knowingly using a forged document even if they didn’t forge the document themselves. Here, too, the intent requirements for § 1546(a) prove to be particularly expansive, while the term “materially” creates a window for defense. We help individuals and entities, such as former healthcare facilities, that have beencharged with providing false or forged documentation in a federal immigration fraud case.

How do prosecutors prove that the document or statement was knowingly false?

How do the federal government and the Department of Justice (DOJ) typically prove immigration-fraud charges? The process generally starts with a suspicion of immigration fraud. The United States Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) can identify potential fraud through many different means. This includes, for example, performing a thorough review of an immigration-benefit application, as well as conducting site visits and interviews. Once an investigation is launched, investigators try to establish a case for “knowing” use of a false document or statement. In doing so, the Department of Homeland Security (DHS) and federal agents may use many different investigative tools. For example, they may compare information provided in your application to information provided in your interview; they may look for discrepancies with other government records (or third-party records); and they may use other documents (including those provided in your application and any that you have submitted for other purposes, as well as any that you have provided for the purpose of authentication or verification). In cases alleging marriage fraud, financial records and other financial-related documentation may be used to determine whether the relationship between the husband and wife is genuine. In other cases, this might involve interviewing acquaintances and family members on both sides, looking at social media, etc. Immigration-fraud cases present unique challenges for the federal government. To build a case, prosecutors often rely on witness testimony to prove a charge of knowing and willful use of a false document, forged document, or false statement. Inconsistencies in these witness statements can undermine the government’s proof. Similarly, in many cases, document-authenticity analysis becomes an important issue. When prosecutors rely on allegedly forged records to support their case, the evidence presented in court can be questioned. At a trial for criminal charges, the federal government must prove its case beyond a reasonable doubt. This is a different standard from the civil standard of a “preponderance of the evidence.” Thus, while this allows immigration agencies to deny an immigrant’s application or benefits when evidence of suspected fraud is present, there is still a very high burden for the federal government to meet when it comes to proving criminal charges in federal immigration-fraud cases.

Which immigration-fraud conduct carries the highest federal prison exposure?

Depending on the circumstances of the suspected crime, there are various criminal charges that could potentially be brought against you in a federal immigration-fraud case. Each of these carries different statutory maximum prison sentences, and the sentencing guidelines provide an important roadmap for what an immigration defendant may face if convicted. Depending on what the federal government has presented to you (if anything), it is difficult to say which immigration-fraud conduct will result in criminal charges that carry the most federal prison exposure. We can address the specific situation at hand during your initial consultation with our immigration defense lawyer and review anything you have been asked to sign, testify to, and produce.

For individuals who have been charged under 18 U.S.C. § 1546(a), the statutory maximum sentence depends on which charge they face and any prior criminal history they have. A first or second offense under 18 U.S.C. § 1546(a) faces a statutory maximum ten-year federal prison sentence. A third or later offense under this statute carries a statutory maximum fifteen-year sentence.

Importantly, however, these are not the only two statutory maximums on the table. According to Section 1546(a), if the fraud facilitates drug trafficking then the statutory maximum sentence is twenty years. And if the fraud facilitates international terrorism, the statutory maximum sentence is twenty-five years. As a result, the potential for federal imprisonment under 18 U.S.C. § 1546(a) are far greater than previously mentioned.

Along with these other potential consequences, criminal allegations involving suspected immigration fraud, false documents, forged documents, and false statements can bring more than the possibility of jail time. Marriage-fraud convictions under 8 U.S.C. § 1325(c) can carry up to five years in federal prison. A violation of 8 U.S.C. § 1324c(e)(1) can lead to up to five years of imprisonment as well. If you’re at all concerned about the possibility of criminal prosecution, it won’t hurt to discuss your immigration-fraud situation with an Spodek Law Group lawyer. We can provide clear, practical insights into your situation while maintaining the confidentiality of our attorney-client relationship.

What remains separate from a federal immigration-fraud conviction?

For noncitizens, a federal immigration-fraud investigation or prosecution may be just the tip of the iceberg. In addition to the possibility of facing criminal charges, noncitizen defendants must be prepared for the very real possibility of removal proceedings. If you have been indicted or arrested on immigration-fraud charges, you will need to defend against the allegations not only in federal criminal court but also in immigration court as well. In some cases, the government may insist on proceeding with the criminal case first, while in others, it may decide to pursue removal proceedings concurrently or even before criminal prosecution. The risk of deportation or other administrative consequences also extends to lawful permanent residents. While holding a green card provides some protection, it does not necessarily mean that you are immune to the consequences of certain criminal conduct. If you have been arrested or indicted on immigration-fraud charges, there is a strong possibility that you will need to defend against removal proceedings, as well. As a result, individuals and entities who are facing suspected immigration fraud need to be aware of not only the potential criminal consequences of their (alleged) conduct but also any potential immigration consequences that may lie ahead. The consequences of criminal document fraud and administrative immigration consequences are not the same. While a criminal conviction will likely lead to certain administrative consequences, it does not automatically mean that a noncitizen will face removal proceedings or a lawful permanent resident will lose their status. The laws and regulations that govern criminal prosecutions in federal courts are different from those that govern removal proceedings in immigration court. As a result, it is possible that there will be a different outcome on the immigration side of the case, although it is more often than not to the noncitizen defendant’s disadvantage. For immigration fraud, there is also a separate issue regarding when a person can be held civilly liable. While you can be criminally prosecuted for knowingly presenting false documents or making false statements on an immigration application, individuals can also be sued for immigration-related fraud under certain circumstances. As mentioned above, the sources cited are not a comprehensive overview of the federal immigration laws, and as such, a private right to sue for immigration-related fraud is not mentioned. Similarly, the sources cited do not address the possibility of USCIS waiving misrepresentation claims on immigration applications. We would be happy to address any additional questions you have during your initial consultation.

Contact a Federal Criminal Defense Attorney

Nothing here is legal advice, and the details of your case matter. Todd Spodek and Spodek Law Group take federal criminal and white collar cases nationwide, from offices in New York, Brooklyn, Queens and Los Angeles. You can reach the firm at 888 348 8028.